What is Section 138 IPC? Abetment of act of insubordination by soldier, sailor or airman
Published on: Lawiz Team
Detailed explanation of Section 138 IPC: Abetment of act of insubordination by soldier, sailor or airman.
Official Legal Text
Whoever abets what he knows to be an act of insubordination by an officer, soldier, sailor or airman, in the Army, Navy or Air Force of the Government of India, shall be punished with imprisonment of either description for a term which may extend to six months, or with fine, or with both.
What This IPC Section Means – Explained in Simple Words
Section 138 punishes anyone who encourages a soldier, sailor, or airman to disobey orders or act against their superior officers.
Purpose
To maintain discipline and obedience in the armed forces.
Bailable or Not Bailable & Punishment
Bailable: Bailable, Punishment: Imprisonment up to 6 months, or fine, or both.
Scope and Application
Applies to anyone who abets insubordination among armed forces personnel.
Important Legal Points
Punishment can include imprisonment or fine.
Illustrative Example
A person convincing a soldier to disobey their commanding officer is punishable.
Exceptions and Special Cases
Does not apply to lawful criticism or constructive advice.
Conclusion
Ensures discipline and obedience in the armed forces.
FAQs
What does Section 138 IPC define?
Abetment of act of insubordination by soldier, sailor or airman.
Where does Section 138 IPC apply?
It applies in legal cases involving abetment of act of insubordination by soldier, sailor or airman.
Why is Section 138 IPC significant?
It addresses national security, military discipline, and related offenses.
Can you provide a real-life example involving Section 138 IPC?
Such cases involve offenses by military personnel or acts against state security.
What punishment is provided under Section 138 IPC?
Punishment varies based on the severity and nature of the offense under this section.
Is Section 138 linked with any military or public service acts?
Yes, it often links with Army Act, Naval Discipline Act, Air Force Act, or IPC provisions.
How have courts ruled on cases under Section 138 IPC?
Courts interpret based on the facts, intent, and seriousness of the act committed.